Hiring Internationally Trained Workers

The unemployment rate in Canada as of June 2012 was 7.2% but it is possible that you cannot find the right person with the skills you need within Canada.  The doors are open for employers to hire international employees.

Be careful though…it’s not as simple as you think.  You can’t just pick up the phone, make a call across the pond and tad ah!! magically a highly skilled and qualified worker appears on the proverbial doorstep.  You have to follow specific guidelines:

1. Determine if you need an LMO (Labour Market Opinion)

• Citizenship and Immigration Canada use the LMO when deciding to issue a work permit to foreign workers
• the purpose is to determine whether or not you have given Canadians the first right of refusal – the opportunity to apply for and obtain the job position you have available
• determines whether or not you will be treating foreign workers fairly
• NOTE – most jobs will require an LMO
• you can request the LMO based on one position, the worker, or multiple positions for which you need to hire

2.  Apply for the LMO

• application available at the link below

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_forms.shtml

• Service Canada will send you, the boss, a response to your LOM in writing
• Responses will be Negative, Neutral or Positive
• Provide a copy of the letter to the foreign worker if the response is Neutral or Negative
• There is no guarantee of a work permit or visa with the approval of the LMO
• Workers will use this letter to apply for work permits/visas
• Negative responses are just that – a NO!  There is a possibility of having the decision reviewed if/when you have new supporting evidence

 

3.  This step is for the foreign worker to complete – GO GET YOUR VISA

• You, the employer, will need to know whether or not the position requires a work permit or visa.  For help with that check out this link:

http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

• Citizens of some foreign countries can enter into Canada without a visa.   They will still need a temporary work permit to work here.  Make sure you know which countries.  This link will help you:

http://www.cic.gc.ca/EnGLish/visit/visas.asp

• The completed applications need to be sent to the local visa office in the country they have lived in for at least one year
• If workers are already working in Canada on a temporary work permit the application needs to be submitted to the visa office in (yup – you guessed it) Buffalo, NY…a list of offices can be found at the link below:

http://www.cic.gc.ca/english/information/offices/apply-where.asp

• There’s more.  The worker will need to provide the following when submitting their application:

– info proving their identity

– a copy of the job offer or employment contract

– a copy of the LMO

– photographs of themselves/family members traveling with them

– proof of current immigration status

– a medical exam

– a criminal background check

4. Obtain the work permit.  Please remember that the Canada Border Service Agency can deny any and all work permits or visas if the feel the proper requirements are not met.  Check out this link for more info:

http://www.cic.gc.ca/english/department/laws-policy/index.asp

 

Note
• A work permit is usually valid only for a specified job, employer and period
of time.
• Processing times for visa and work permit applications vary.
• A visa must be granted before the applicant leaves his or her home country.
• Employers and foreign workers must provide accurate and complete
information or the application process may be delayed.

 

Helping you to understand a little better what’s in your pocket

Until next time